the stock market hovering just below that 14,000 level. take a look at where we are now. 14,000. that's a number we haven't seen since before the recession. let's head to the new york stock exchange and check in with alison kosik. yesterday, we had bad news about the gdp. and today, we may hit 14,000, what's going on? >> well, not to throw cold water on this whole dow 14,000, but i'll go ahead and do nap because i talked with one trader, carol, who says he's not optimistic that we'll hit that 14,000 mark anytime soon. he actually thinks stocks are going to pull back even more. remember, that's one opinion. tomorrow could be one deciding factor. that's where we're getting the monthly jobs report for january. if the gain is what's expected or more, you could see it catapult to 14,000. "cnn newsroom" starts right now with ashleigh banfield. >> thank you very much, carol costello. nice for having you with us

today. hi, everybody, i'm ashleigh banfield. it's 11:00 on the east coast. we've got a very busy hour. we want to start with you in alabama where a 5-year-old, special needs boy is still being held in an underground bunker by an old man whose got a gun. and in washington, at this hour, president obama's pick for defense secretary is on the defensive. you're going to see all of this playing out live. also, deadly storms and springlike tornadoes give way to a deep freeze wild weather from the deep south all the way up to new england. i want to take you to capitol hill now. and a former senator who was loved and admired by colleagues on both sides of the aisle, that was until he was tapped by president obama to head the pentagon. chuck hagel is a little over 90 minutes into a senate confirmation hearing. but he's generally expected to survive.

but if you remember that virtual lovefest a week ago, that was john kerry's hearing for secretary of state, this is not like that. cnn's chief congressional correspondent dana bash is watching the hearings. and dana, i was watching some of your reporting earlier on. as these hearings began to unfold starting at 9:30 this morning. you said stoic, i you described the panel. you these were long-term old friends who had a very different tenor in this room today? >> that's right. and i think at least early on, the statement, opening statement from the top republican, hagel's fellow republican on this committee, his name is jim inhofe from oklahoma probably says it all when it comes to republican skepticism and outright criticism of chuck hagel. listen to what jim inhofe said about and to chuck hagel. >> though i respect senator hagel his record to date in the

day demonstrate he is hob a staunch advocate of president's first term. retreating from america's global leadership role in shrinking the military will not make america safer. on the contemporary, it will embolden our enemy, ep danger our allies and provide opportunity for nations that do not share our interest to fill a global leadership vacuum we leave behind. it is for these reasons that i believe he's the wrong person to lead the pentagon at this perilous and cons quenchal time. >> whether or not he will support chuck hagel. and he asked why the ministry supports that. and hagel said he has enough trouble figuring out american politics, rather than iranian politics.

but it goes from politics, to issues on iran, to afghanistan. they believe he's become not hawkish enough. hagel tried to respond to that in his opening statement. he knew very well what the criticism was. listen to the way he framed his offense and defense of his nomination. >> we will not hesitate to use the full force of the united states military in defense of our security. but we must also be smart and more importantly wise. wise in how we employ all of our nation's great power. america's continued leadership and strength at home and abroad will be critically important for our country and the world. while we will not hesitate to act unilaterally when necessary, it is essential that we work closely with our allies and partners to enhance america's interest and security. >> and, ashleigh, part of the biggest subplot here is going to be the question and answer with

john mccain, his former really best friend -- one of his best friends here who is now a critic of hagel. >> dana, i'm glad you mentioned that. let's listen in, the republican from arizona with his comments. >> with that in mind, let me begin with your opposition to the surge in iraq. 2006, republicans lost the election, and we began the surge and you wrote a piece in "the washington post" called "leaving iraq honorably." 2007, you committed -- you said it's not in the national interest to deepen its military involvement. in 2007, in a rather bizarre change with secretary rice in the foreign relations committee after in nonsense about syria and crossing the border into iran and syria. because of the surge, then -- and a reference to cambodia in 1970, you said, quote, when you

set in motion the kind of policy the president's talking about here, it's very, very dangerous. quote, matter of fact, i have to say, madam secretary, i think the speech gimp last night by this president represents the most dangerous foreign policy blunder in this country since vietnam, if it's carried out, i will resist it. and then, of course, you continued on and on for months afterwards talking about what a disaster the surge would be. even to the point where it was clear, the surge was succeeding. and in march 2008, you said, quote, here the term "quagmire" could apply. if that's not a quagmire, what is. even as late of august 29th, 2011, 2011, in an interview with the financial times, you said, i disagreed with the president

obama, his decision to surge in iraq. as i did with president bush on the surge in iraq. do you stand by that -- those -- those comments, senator hagel? >> well, senator, i stand by them, as i made them. >> you stand by -- were you right? were you correct in your assessment? >> well, i would defer to the judgment of history to sort that out. >> but the committee deserves your judgment as to whether you were right or wrong about the surge. >> i'll explain why i made those comments. >> i want to know if you're right or wrong. that's a direct question, i expect a direct answer. >> the surge assisted in the objective. but if we review the record a little bit -- >> will you please answer the question? were you correct or incorrect when you said that the surge would be the most dangerous foreign policy blunder in this country since vietnam? were you correct or incorrect? yes or no? >> my reference to the surge being dangerous --

>> will you answer the question, senator hagel? the question is were you right or wrong? that's a pretty straightforward question. i would like to you answer whether you were right or wrong and then you're free to elaborate. >> well, i'm not going to give you a yes or no answer. >> well, let the record show that you refused to answer that question. please go ahead. >> well, if you would like me to explain why -- >> no, i actually would like an answer, yes or no. >> well, i'm not going to give you a yes or no. i think it's far more complicated than that. as i said, my answer is, i'll defer that judgment to history. as to the comment i made about the most dangerous foreign policy decision since vietnam, was about not just the surge, but the overall war of choice going into iraq. that particular decision that was made on the surge, put more to the point, our war in iraq, i

think was the most fundamentally, bad dangerous decision since vietnam. aside from the cost that occurred in this country to blood and treasure, aside what that did to take our focus off of afghanistan, which in fact was the original and real focus of the national threat to this country, iraq was not. i always tried to frame all of the different issues before i made a decision on anything. now, just as you said, senator, we can have differences of opinion. that's essentially why i took the position i did. >> so it's a fundamental difference of opinion, senator hagel. and senator graham and i, and senator lieberman, there are 59 votes in the united states senate, spend our time trying prevent that 60th.

thank god for senator lieberman. i think history has always made a decision about the surge, sir. and you're on the wrong side of it. and your refusal to answer whether you're right or wrong about it is going to have an impact on my judgment as to whether to vote for your confirmation or not. i hope you will reconsider the fact that you refuse to answer a fundamental question about the issue that took the lives of thousands of young americans. >> well, senator, there was more to it than just flooding -- >> i'm asking about the surge, senator hagel. >> i know you are, and i'm trying to explain my position. the beginning of the surge also factored in what general allen had put into place in anbar province. the sunni awakening. we put in over 100,000 -- >> senator hagel. i'm aware of the surge and the anbar awakening. and i'm also aware that any casual observer will know that the surge was the fund mental factor led by two great leaders,

general petraeus and the ambassador. >> i don't know if that would have been required and cost us over thousands of american lives and wounds. >> so youon't know if the surge would be required. okay. senator hagel. let me go to syria now. more than 60,000 people have been killed in syria. do you believe that we should be more engaged in syria? >> i know this administration is very engaged in working with its partners. >> so, you don't think we should do more? >> well, when you say do more, do you mean -- >> do you think we should put -- make sure that the syrians get the weapons they need and perhaps establish a no-fly zone? do you think we do? >> i believe that part of our review is looking at those options. >> it's been 22 months, senator hagel. >> well, i want there. i don't know the details. i'm not there now. >> i'm sure you've read in the newspapers that 60,000 people have been killed. and that it's in danger of spilling over into neighboring countries.

my question, i guess, is how many more would have to die before you would support arming resistance and establishing a new no-fly zone? >> well, i don't think anyone questions the terrible tragedy that is occurring there every day. it's a matter of how best do we work our way through this so that we can stop it. to begin with. and then what comes next. i think the president -- >> did you disagree with president obama on his decision for the surge in afghanistan? >> i didn't think that we should get ourselves into -- first of all, i had no original position as far as, no formal position, but i didn't think -- >> you were quoted in august 29th, 2011 saying i disagreed with president obama and his decision to surge in afghanistan. >> that was my personal opinion, yes. >> i thank you, mr. chairman. >> thank you, senator mccain.

senator nelson. >> since the issue of -- >> well, that is what you call some light and heat. dana bash continuing to monitor the hearings. dana, we expected it wasn't going to be a lovefest between these two very close former friends. i've heard the term badgering the witness before. that was some intense and very pushy questioning. >> yes, it was, to certainly say the least. maybe ironically, as two people who know each other well, and know the buttons to push maybe can accomplish. that's probably a lot of what we saw there. i think what is most important, when you bring this up to 10,000 feet to look at, personally, the words, but also the policy, these were two men who bonded over their service in vietnam. that's where they diverge. john mccain took from his

experience in vietnam, that you should never leave a bwar unfinished. and chuck hagel took with him from vietnam that you should pull out when you can. that's where you have a real policy issue and questions about syria as well. i actually? ist to show the audience what a difference 13 years makes. i want to show a quote from john mccain when he was running for president back in 2000. chuck hagel, the man you just saw, the two of them go after each ore john mccain go after hagel. look at this quote, asked who he wanted in his cabinet. as far as as secretary of defense is concerned, senator chuck hagel could do that job. john mccain volunteered the name chuck hagel to serve in his own cabinet, the very person president obama nominated.

wow, what a difference. >> can i just add, he said in any capacity. he said back in 2006, i'd be glad to have chuck with me in any capacity. any show like "the daily show" would take a sound bite like that and run it like that's capitol hill personified. i want to give you the qualification for it. has chuck hagel changed so much from 2006 when he said, quote, i'd be honored to have chuck hagel with me in any capacity to now, has he changed that much? >> i think it's fair to say that both of them, they both were on different paths in how they perceived very important policy issues and how to use the united states military. i definitely think it's way too simplistic as you were implying there that mccain flip-flopped or abandoned his old friend.

they have very different world views now. i think both of them, john mccain may have attacked right and chuck hagel attacked left. i think that is probably the most accurate way to portray it. but genuine differences over how to approach these very, very tough, very complex issues. >> i'll tell you what, whoever says sometimes politics can be boring, you look at two soldiers facing each other down like that, chuck hagel with shrapnel still in his chest, john mccain showing signs of being a p.o.w. and that confrontation, it's fascinating. dana bash, you've got work to do. thank you for that. we'll be right back after this. a new belt. some nylons. and what girl wouldn't need new shoes? and with all the points i've been earning, i was able to get us a flight to our favorite climbing spot even on a holiday weekend. ♪ things are definitely looking up.

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leadership. the senator john mccain was confirmed on tuesday to be her successor. and he will be sworn in on friday. "the new york times" has a message for anybody dealing with china. don't cross the kingpins ruling the country. the times is accusing the chinese hackers of attacking and breaking into its computer system and then stealing the passwords of high-profile reporters and other staff members. the newspaper says it occurred over the past four months after the "times" ran articles on the wealth reportedly accumulated by relatives of china's premiere. china says the allegations are, quote, groundless and irresponsible. i want to take you to that terrifying story of a little boy being held captive by a strange man in alabama. a man he does not know.

a man who shot the school bus driver and made off in an underground bunker that he's been building for sometime now. it's now day three of the ordeal for the 5-year-old deal. the young victim has aspberg's syndrome and adhd. law enforcement analyst mike brooks joins me now. mike, when there's a child involved is it all bets off for training for hostage negotiation. how do the dynamics change when we have this little child who is also a special needs child? >> the dynamics change when it's in a bunker. there's a dialogue going on with negotiators planned dykes, then they're going to need keep talk. we're in day three now. i think that as a former negotiator, as a former s.w.a.t. operator, i can tell you that's

a good sign in my book. that means there's still a dialogue going on, they're getting his medication and coloring books and crayons into the pvc pipe into the bunker, that all has to be negotiated. >> i want to put statistics on the screen. it's pretty thin but it's all we know. believed be to be 65-year-old jimmy dykes. i say believed to be, because it's not the police releasing this information. it's neighbors and people who know him. vee naum veteran, truck driver, has anti-america views and ptsd. was working on the bunker for over a year and apparently due in court for allegedly shooting at neighbors. this is a pretty unusual guy to say the very least. when you get at least a definition of the kind of person you're dealing with, how does that change the dynamic for the ho hostage negotiator s working

there? >> well, negotiators, they're part of a team you're part of a team, trying to gather information on this guy, what his background is. these are all things that negotiators will find out through their coaches how things go along to try to develop some kind of rapport with this guy. we don't know what they're talking about. they could be talking about the super bowl. to keep this going, even though we're in day three, people say, well, he has to sleep, why can't they go in? well, it's a unique situation as we said with this underground bunker. the s.w.a.t. team, what they try to do, make an emergency assault plan should they believe this little boy's being harmed but it makes it even more difficult when have this underground bunker. but the fbi is there with their investigators and s.w.a.t. team, folks from quantico which includes a hostage rescue team. i'm sure they have everything in

hand. and monter as much as they could. time son their side. >> let's hope. mike, just to break for a minute, we've been able to get an on the record statement. one of the spokespeople says we're currently working with state law enforcement officials to bring this to a conclusion. investigators have no reason to believe that the suspect has injured the child. i'm just going to say this as a mother of a 5-year-old and a 7-year-old, injuries come in many ways. you cannot quantify what the injures of this child is going to be. we're going to continue to watch this. thank you for your insight. >> thank you. >> we're back after this.

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a day after violent springlike storms and deadly tornadoes winter is back with a vengeance. very warm temperatures in a lot of places yesterday. up into the 70s when the twisters actually came down. but now we're talking teens and single digits. snow in the midwest. huge high winds in the northeast. chad myers is back. we talked about weather whiplash yesterday. that was before i lost the tree over knew neighbor's driveway

that trapped them in their house this morning. the winds are just lethal up here. what's happening? >> and even the airports are hardly moving because of that wind. they have to separate the planes significantly now because it's bumpy, the landings are rough. if you don't like flying in rough weather, today may not be a day to be landing some of those new york airports. they don't have a lotch options. what we have is weather up the east coast with the jet stream. this jet stream we talked about yesterday, how it is sliding up the country. when you're south of it you're going to warm up. when you're north, you'll cool down. it's like 46 below, minot. it's going to slide to the east and warm air will replace it from the west. it happens like this all the time. take a look at chicago. chicago on tuesday was 63. i have a package in-house, i've

looked at it, the ice rink, downtown chicago literally melted because it's too warm. and this morning now, it's down to 17s. >> when i say those winds were intense, i thought my roof was going to blow off this morning, when i made my hour-long commute into new york city, it was warm as toast. warm makes me nervous, should it? >> it should. if you feel like it's warmer than that should be outside this time of the year then you are in the danger zone for storms. and those storms fired all the way from the eastern sections of pennsylvania right on down through and into georgia. the cold air was here. it was trying to push the warm air away. and it's pushed it away. the cold air, when you open up your freezer, the cold air comes out and you can see it goes right down to the ground. you can see that steam, that pushes your moisture up and makes big storms. >> all right, chad myers, i know you work very hard, not just on television but offtelevision. i'm going to push her viewers to

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okay. i hope you're sitting down for this one. because if you thought the manti te'o saga couldn't get stranger, it just did. the man who claims that he created the whole manti girlfriend hoax is now saying

why he did. and he's saying it was because he was in love with the notre dame linebacker. i'm talking about ronaiah tuiasosopo. a man, a man who spoke with dr. phil. the host of the "the dr. phil show." this is what he told dr. phil. >> why did you end this relationship? >> for many reasons. there were many times where manti and lennay have broken up before. but every time that, you know, either i would try to end it or he would, or lennay would try to end it, or he would, it's like they would break up and then something would bring them back together, whether it was something going on in his life or lennay's life or in this case, my life. i wanted to end it because, after everything i had gone through, i finally realized that i just had to move on with my life and had to get, you know, my real -- me, ronaiah, i had to start living and let this go.

>> well, there you have it. now, tuiasosopo is also telling dr. phil that he faked his voice to sound like a young woman who manti says he spoke with on the phone so many times. however, tuiasosopo did refuse to repeat that voice on the dr. phil show. this is a two-parter, folks not surprising. cue the music. the interview airs today and tomorrow. speaking of sports, three days and counting to sunday's super bowl. and fif you are -- let me be blunt here, if you're loaded you can still get a ticket to new orleans. even the cheap seats up in the nose bleeds are fetching a few thousands each. our carlos diaz decided to sample the seats, sample the views and also sample the sticker shock. here's what he found. >> reporter: if you're experiencing the super bowl from the end zone then you're there

truly. if you're going to watch the game in person, you're going to have to pay a pretty person, even if you want to sit way up there. carlos, up to you. you know up here in the superdome 600 level, i believe i can see baltimore from way up here. you may ask yourself what one of these seats cost in the super bowl. $50, $100? asking price, $2,000. oh. this feels a lot better than being way up there. we're on the 50 yard line. you can see the plays. you can smell the players. you can feel the action. and this seat right here, the asking price, reportedly, it's only $40,000. in my opinion, this is the best seat in the entire house. a luxury suite on the 50 yard line for you and 32 of your closest friends. and it's only going to set you back $420,000. so, you can have this suite for

a few hours, or you can buy this house in the french quarter for $420,000 and enjoy it forever. i think the lesson we're learning here is attending the super bowl can be super expensive. >> so, you could buy a new tv for less than the cheapest seat. or a brand-new house for less than the most expensive seat. carlos diaz -- that was -- i like to call the carlos diaz butt tour of the stadium. that was awesome. there's more than you found out than the price of those expensive seats. mom and dad of those two coaches are talking about what they're about to go through and how they're, i don't know, sort of getting ready for the big game. >> you know, jack and jackie harbaugh actually have been married for 51 years. and they're treating this like a family affair. in fact, their press conference yesterday was less than a press conference and more like thanksgiving at the harbaughs. save me a drumstick, if you will.

jack and jackie told us this is the kind of game where they're going to be thinking about the loser more than the winner. >> there's going fob one winner. and there's going to be one that's going to be totally disappointed. and my thoughts go to that one will not experience the thrill of victory. and that's where our thoughts will be. every single parent can identify with that. that thrill of victory. and the agony of defeat. and on sunday night, we're going to experience both of those -- those great emotions. and our thoughts will be with the one that comes up a little short. >> well, i had a chance to ask jackie, are you ready for next year's rematch in new york city when the super bowl's in new york next year? she said, one game at a time, please. obviously, they're already exhausted having to talk about their two sons, jim and john, coaching in this year's super bowl. >> i think someone told me they're like 15 months apart. i've got two boys 19 months

apart and they're so competitive. i'm waiting for the photo. i'm waiting for the two brothers at the end of the super bowl embracing. and just the mental dynamics going on between them. you know one is going to be thrilled for his brother. and the other one is going to be devastated and thrilled for his brother. a lot going on, isn't it? >> exactly. i have an older brother and younger brother and i want to beat both of them all the time. >> they're watching you on tv right now, carlos. thank you, have fun. be careful down there, my friend. a reminder, kickoff of the super bowl is sunday at 6:30 p.m. eastern time.

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walmart has started rationing ammunition. not because of safety, because of supply. that's right, demand is so high that they have imposed a limit on how much customers can purchase. three boxes of ammo a day. the company says supplies are limited due to a surge in demand following the newtown school massacre. and this is sure to be an emotional moment at this sunday's super bowl. 26 students from sandy hook and newtown, they're going to be singing "america the beautiful." of course, this is memory of the 26 students and adults that were killed in the massacre at sandy hook elementary in connecticut. the choir is going to perform

just before alicia keys sings "the national anthem." and it doesn't get more passionate than this in the debate over guns. the community of newtown came together for a hearing on gun control. i want to take you inside the auditorium for a moment so you can see what it was like to be there as they all stood to acknowledge one another in that auditorium. many of the people who showed up last night were calling for tougher laws, tougher gun control laws. and parents who lost their children also took that seat. emotion was raw. people pouring their hearts out not just at the officers but the families. it's gonna be 30 minutes. oh, so that means that we won't be stuck up here, for hours, with nothing to do. oh i get it, you wanna pass the time, huh. (holds up phone) fruit ninja!!!

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call the number on your screen now! oil changes at meineke are always a great deal. then you're going to love this. right now they're only $14.95! wow-a grt deal just got a whole lot better. hurry. $14.95 won't last. when the second richest man speaks, people listen. especially when he speaks with christine romans. that's the man of the hour. it's your birthday and i'm wondering if he granted you the interview. grants the bff with the birthday. anyway, he said a lot of stuff that i didn't expect him to say in your sit-down with him. >> talking about his foundation,

all the work they do. >> right. >> and the poverty and eradicating polio and the like. he talked about the debate in washington going on right now. and how he would like to see highly skilled workers invited into his country, to stay any this country, to grow jobs in this country. we do do this well enough. let's listen. >> our immigration system makes it very hard for those people to come in, so, you know, if somebody's being offered a job here for over $100,000, and there's other jobs created around that job, you don't want to discourage a company from -- from having to put that -- >> do we discourage them? >> oh, absolutely. >> how? >> you can be a student at u.c. berkeley, foreign-born, get this wonderful education, microsoft offered you a job for over $100,000 a year, and we have to say if the country will keep you. most of those students are told, they can't stay, get out of the

united states. >> get out of the united states. he says for the first time in years both parts of immigration reform can happen. the illegal and the skilled immigration part of it. he also said the skilled part of the equation has, quote, been held hostage to the possible debate over illegal immigration and they haven't been able to fix the high-tech part of it because it's wrapped up in one bruising debate. >> what washington is doing when it comes to the lower immigration jobs it hijacking those higher edution jobs that we need? >> absolutely. >> with the tools that we have -- >> we want to import talent. but we want to grow talent. weapon want engineering and math in the education system. we have to do better with that. and he said better teachers make better students. he's not saying our teachers are bad -- >> our mechanics are bad.

>> we need to raise up good teachers. we need to give feedback to teachers. to measure the teachers, find good teachers, find what they're doing right and replicate that. >> and did you rope him in to do the cnn op ed for us? >> i did not. it's mostly about the education part of it. it's a passionate focus. fareed zakaria sits down with bill gates for a good 20 minutes. make sure you tune into that this weekend. >> yeah 10:00 a.m. eastern time. and 1:00 p.m. eastern time. happy birthday to christine rom romans. >> she's so sweet. >> she's 21. we need to fact check that. >> cnn must get the fact-checking team out. we've got to go.

if you are just tuning in, i just have to replay a scene that you have seen a hundred times in movies, scripted beautifully, but rarely does it happen in real life and in congress like this to this extent. we watched this live near the top of the hour. it was chuck hagel's senate confirmation hearing to be secretary of defense. we expected tense moments. all of this because the former senator and vietnam vet's views on iraq and afghanistan and israel don't necessarily square with everybody on the committee. but we didn't expect the extent of the in your face

interrogation from fellow senator, fellow vietnam vet john mccain. i need you to see this portion of the back and forth on the 2000 surge in iraq. have a listen. >> will you correct or incorrect when you said that the surge would be the most dangerous foreign policy blunder in this country since vietnam? were you correct or oh incorrect? yes or no? >> my reference to -- >> are you going to answer the question, senator hagel? the question is were you right or wrong? that's a straightforward question. i would like to answer whether you were right or wrong and then you are free to elaborate. >> e well, i'm not going to give you a yes or no answer. >> well, let the record reflect show you refused to answer the question. please go ahead. >> okay. the hearing continues. it's quieter but in the end senator hagel is expected to be confirmed. you can stay tuned for more

drama out of the committee hearing room. who knew it could be so much fun? here is a question from the legal briefs department. what do you do to a 7-year-old boy who allegedly steals $5 lunch money from a schoolmate? a lot of people say you send him to the principal's office. i want you to see the front page of the new york post. see what this is? that's handcuffs. that's a 7-year-old. handcuffed. arrested. if you can believe it. he is in 3rd grade, just turned 8. he was in handcuffs at a police precinct for several hours. now police are suing the nypd. >> it's unconscionable. this is a travesty what occurred here. heartbreaking. >> think you could say travesty is an under statement. paul cowan is here.

you woke up to the same headline i did. a little boy cuffed to a pipe in a cinder block room. probably some alleged murderers have taken the same chair. how does that happen? >> it's part of the criminalzation of childhood taking place where the matters that were handled by parents and teachers are referred to the cops. my question is why didn't the principal of the school call in the kids, bawl them out and send them back to the classroom? >> or call their parents and have the parents take them home, suspend the 3rd graders. >> when i was a kid and the cowan a brothers got in trouble and one was picked up by the cops, do you know what happened? they didn't take us to jail. they took us back home and you were in more trouble with your father than the cops. >> which brother? >> i can't get into it. but there are four of them. my mother likes me best. i'm always told that. >> the mother snapped this shot. she said she wasn't allowed to

see her kid. she said it was a misunderstanding, that another kid actually said there was no theft at all. there are varying stories from the child who was victimized. he said he was bullied by the boy in the handcuffs. there were a couple of dollars that fell out of a pocket. there are a bunch of stories around this. they're 7. okay? i don't care what the details are of the crime. >> there are always stories on both sides. there were reports that there was another kid victimized by the bullying. >> who cares? they're 7. >> believe it or not. >> this is my point. they're 7. >> i will divert you to the law for a minute. i was surprised to see it myself. in new york age 7 is the first age they can arrest you. 7 to 16 you can be arrested as a juvenile delinquent. >> the $250 million lawsuit the parents have filed? no shot. >> that's a joke, too. i don't know why $250 million for every lawsuit. the kid is back in school probably having a good time. >> i have to get this out. it's breaking news.

he's the public advocate for the city of new york. he said 7-year-olds don't belong in handcuffs. i wouldn't stand for this in a school. our school system's over reliance on the nypd as a disciplinary tool traumatizes our young people and drains vital city resources away from responding to genuine crimes. this has to stop. does the law have to change? >> we need sensible people. the principal should have taken care of it. when she called the cops, the law allows the cops to do a diversion and not make an arrest instead of handcuffing a little kid to a precinct wall. >> i'm speechless. all i can say is thank you, paul. "newsroom international" starts now. ...$10 off any turbo tax deluxe level software or higher! find thousands of big deals now...